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BILL NUMBER:S2847

TITLE OF BILL: CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 1 of article 4 of the constitution, in relation to term limits for the office of governor; and proposing an amendment to section 1 of article 5 of the constitution, in relation to term limits for the offices of comptroller and attorney-general

PURPOSE: This amendment to the constitution would limit the tenures of the offices of the governor, comptroller and attorney general to no more than two elective terms of office.

SUMMARY OF PROVISIONS: Section 1: Provides that no person may be elected to the office of governor more than twice. And that, further, no person who has served more than two years of another governor's term of office may be elected more than once. Exempts from these limitations from the present governor. Removes from the line of succession to the governorship any person who has been twice elected to the office of governor.

Section 2: Provides that no person may be elected to the office of comptroller or attorney general more than twice. Exempts from this limitation the present comptroller and attorney general.

Section 3: Provides that this resolution shall be referred to the first session of the next succeeding legislature.

JUSTIFICATION: This bill is intended to keep New York State's leadership fresh and innovative, to allow an influx of new voices and perspectives in order to make better and broader the representation of the people of New York in the state's executive branch.

EFFECTIVE DATE: Resolved (if the Assembly concur), That the foregoing amendments be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.

Text

STATE OF NEW YORK
________________________________________________________________________
2847
2011-2012 Regular Sessions
IN SENATE
February 2, 2011
___________

Introduced by Sens. GRIFFO, DeFRANCISCO, FUSCHILLO, GOLDEN, LARKIN,
LAVALLE, MAZIARZ, RANZENHOFER, SEWARD -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 1 of article 4 of the constitution, in
relation to term limits for the office of governor; and proposing an
amendment to section 1 of article 5 of the constitution, in relation
to term limits for the offices of comptroller and attorney-general
Section 1. Resolved (if the Assembly concur), That section 1 of arti-
cle 4 of the constitution be amended to read as follows:
Section 1. The executive power shall be vested in the governor, who
shall hold office for four years; the lieutenant-governor shall be
chosen at the same time, and for the same term. The governor and lieu-
tenant-governor shall be chosen at the general election held in the year
nineteen hundred thirty-eight, and each fourth year thereafter. They
shall be chosen jointly, by the casting by each voter of a single vote
applicable to both offices, and the legislature by law shall provide for
making such choice in such manner. The respective persons having the
highest number of votes cast jointly for them for governor and lieuten-
ant-governor respectively shall be elected. NO PERSON SHALL BE ELECTED
TO THE OFFICE OF THE GOVERNOR MORE THAN TWICE, AND NO PERSON WHO HAS
HELD THE OFFICE OF GOVERNOR OR ACTED AS GOVERNOR FOR MORE THAN TWO YEARS
OF A TERM TO WHICH ANOTHER PERSON WAS ELECTED GOVERNOR SHALL BE ELECTED
MORE THAN ONCE. THE LIMITATION ON THE TERMS OF OFFICE THAT ANY PERSON
CAN BE ELECTED TO THE OFFICE OF GOVERNOR SHALL NOT APPLY TO ANY PERSON
HOLDING THE OFFICE OF GOVERNOR ON THE EFFECTIVE DATE OF THIS SENTENCE.
PROVIDED, FURTHER, THAT A PERSON WHO HAS BEEN TWICE ELECTED TO THE
OFFICE OF GOVERNOR AND WHO IS IN THE LINE OF SUCCESSION TO SUCH OFFICE,
PURSUANT TO SECTION SIX OF THIS ARTICLE, SHALL BE PASSED OVER IN THE
LINE OF SUCCESSION AND THE NEXT PERSON IN THE LINE OF SUCCESSION SHALL
ACT AS GOVERNOR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89076-01-1
S. 2847 2
S 2. Resolved (if the Assembly concur), That section 1 of article 5 of
the constitution be amended to read as follows:
Section 1. The comptroller and attorney-general shall be chosen at the
same general election as the governor and hold office for the same term,
and shall possess the qualifications provided in section 2 of article
IV. The legislature shall provide for filling vacancies in the office of
comptroller and of attorney-general. No election of a comptroller or an
attorney-general shall be had except at the time of electing a governor.
NO PERSON SHALL BE ELECTED TO THE OFFICE OF COMPTROLLER OR ATTORNEY-GEN-
ERAL WHO HAS PREVIOUSLY BEEN ELECTED TO SUCH OFFICE MORE THAN ONCE. THE
LIMITATION THE TERMS OF OFFICE THAT ANY PERSON CAN BE ELECTED TO THE
OFFICE OF COMPTROLLER OR ATTORNEY-GENERAL SHALL NOT APPLY TO ANY PERSON
HOLDING THE OFFICE OF COMPTROLLER OR ATTORNEY-GENERAL ON THE EFFECTIVE
DATE OF THIS SENTENCE. The comptroller shall be required: (1) to audit
all vouchers before payment and all official accounts; (2) to audit the
accrual and collection of all revenues and receipts; and (3) to
prescribe such methods of accounting as are necessary for the perform-
ance of the foregoing duties. The payment of any money of the state, or
of any money under its control, or the refund of any money paid to the
state, except upon audit by the comptroller, shall be void, and may be
restrained upon the suit of any taxpayer with the consent of the supreme
court in appellate division on notice to the attorney-general. In such
respect the legislature shall define the powers and duties and may also
assign to him or her: (1) supervision of the accounts of any political
subdivision of the state; and (2) powers and duties pertaining to or
connected with the assessment and taxation of real estate, including
determination of ratios which the assessed valuation of taxable real
property bears to the full valuation thereof, but not including any of
those powers and duties reserved to officers of a county, city, town or
village by virtue of [sections seven and eight] SECTION ONE of article
nine AND SECTION THIRTEEN OF ARTICLE THIRTEEN of this constitution. The
legislature shall assign to him or her no administrative duties, except-
ing such as may be incidental to the performance of these functions, any
other provision of this constitution to the contrary notwithstanding.
S 3. Resolved (if the Assembly concur), That the foregoing be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.

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